Innovation in the Intervention into Nature by Legal Means

Abstract

Intervention into nature is inevitable due to the ecological crisis we are experiencing at the time of an Anthropocene age. However, one has to acknowledge that nature and the human approach to nature, does not seem to be an easily manageable subject of legal regulation in a market economy where natural resources are used as a raw material of human processing activity. This paper asks for improving the methodology of legal intervention into nature. Objective law should incorporate in itself the principle of caution and care, natural law should provide an integrative and holistic approach to nature, and the principle of equality should be manifested in biotic communities through law. In order to implement projects that are infused with the above goals, law should be sensitive enough to adopt values and methods that are commonly remote from the legal way of thinking.